Elderly St. Petersburg Man Arrested for Firing Gun at Assailants

The Ledger (Lakeland, FL) ^ | 12-2-03 | Associated Press

[FlJoePa]

Elderly St. Petersburg man arrested for firing gun at assailants

The Associated Press
ST. PETERSBURG, Fla.

A 71-year-old man was arrested for firing a gun at three men beating up his 63-year-old friend, striking one of the men in the arm, deputies said.

Melvin B. Spaulding held up his .22-caliber pistol and told the men to stop hitting and kicking his friend George Lowe. When they didn't listen, he fired the gun, Pinellas County Sheriff's spokesman Tim Goodman said.

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

James T. Moore, 20, was treated for the gunshot wound at Bayfront Medical Center and was arrested for an unrelated battery charge earlier the same night.

Lowe said the altercation began Sunday night when he heard loud noises outside his home and discovered a group of young men pounding on cars and shouting. When he told them to stop, they attacked him, he said.

Spaulding, who had no criminal record in Florida, acknowledged firing the gun, according to sheriff's records. He was being held without bail in Pinellas County Jail.

The Pinellas-Pasco State Attorney's office would carfully investigate the case before deciding whether to file an attempted murder charge against Spaulding, prosecutor Bruce Bartlett said.

"As far as I'm concerned, he's my hero," said Lowe, who suffered a torn leg muscle, bruises and a sore back in the fight. "He's my friend, but he's also my hero."

It could not be determined whether Spaulding or Moore had attorneys.

[FlJoePa]

Just saw this story on my local news. They are indeed charging this man with attempted murder. I guess he was just supposed to stand and watch as they beat his friend to death. Amazing.

[sourcery]

I see a false arrest/imprisonment lawsuit in the making.

[HiTech RedNeck]

this is a county where the courts major in ignoring the obvious.

[dasboot]

He would have been better off calling 911." LOL

[glorgau]

He would have been better off calling 911.

Maybe he'd rather be "judged by 12 than carried by 6"

[RandallFlagg]

Sick! Hope they throw this out.

"Call 9-11" indeed!

[HiTech RedNeck]

Three young punks, two geezers. Think an equalizer might be needed? Nawwwwwwwwwwwww....

[dasboot]

Can't imagine the DA's office would be stupid enough to prosecute this case in front of a jury...a sure loser. More likely the DA will offer to reduce the charge to misdemeanor A&B in return for a plea of guilty just to save face. Or the DA will nol pros the matter in a couple months after no one remembers it happened.

Go to trial, old timer!!!!

[hellinahandcart]

He was being held without bail in Pinellas County Jail.

Unbelievable. I'll bet the thug he shot got bail...

[raybbr]

Pinellas County Sheriff's spokesman Tim Goodman... "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

Alright, you SOB. Let's take your guns away and force you to patrol the streets without it. What an idiotic thing to say.

[FreedomPoster]

Ping. And Just Damn.

[bullseye1911]

The ghost of Nelson "Pete" Shields (the father of Handgun Control) once again arises to cast his pall on the living!

"Give them what they want or run!"

[Jaxter]

"I guess he was just supposed to stand and watch as they beat his friend to death."

No. He was supposed to call 911 and then stand and watch as they beat his friend to death.

[Adder]

Naww...he was supposed to call 911 and wait for 20 minutes while they decided if it was important enough to send a car "now" or "soon".
I hope he beats this charge and makes them look stupid in the process. He should be getting a medal.

[from occupied ga]

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

Typical law enforcement attitude toward citizen self defense. After all, if people were allowed to protect themselves there wouldn't be as many taxpayer funded jobs for them.

[R. Scott]

“He would have been better off calling 911” must refer to Mr. Spaulding, as it surely could not apply to Mr. Lowe.

[HiTech RedNeck]

Er, Sheriff Badman, this was a BIT more than a "confrontation" -- it was a battery risking serious injury or loss of life of a bystander. In some states (dunno about FLduh) that would be sufficient justification.

[HiTech RedNeck]

Why not bump the Terri list to show them another picture of what passes for "justice" in Pinellas. The law enforcement there, if this story is accurate, appears to be comprised of clowns.

[tbpiper]

In some states (dunno about FLduh) that would be sufficient justification.

It is in Florida, too. Pinellas County is just really screwed up. I hope they get their heads handed to them.

[mewzilla]

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

Note to FL Chambers of Commerce: I have now scratched FL off my list of places to vacation.

[.45MAN]

He would have been better off calling 911.

ya ok and then wait for how long? until all the more priority cases were attended too. By then the BG would probably be wanted for murder.911 is a joke..

[whipitgood]

I wonder if there will be a second incident when the man who was shot gets out of the hospital, and finds the man who pulled the trigger. I hope he still has his gun with him.

[Joe Brower]

"He would have been better off calling 911."

[Conspiracy Guy]

What's the world coming to when 3 young thugs can't beat up an old man without an older old man shooting at them? This proves that guns must be banned! </sarcasm>

[RogueIsland]

Er, Sheriff Badman, this was a BIT more than a "confrontation" -- it was a battery risking serious injury or loss of life of a bystander. In some states (dunno about FLduh) that would be sufficient justification.

In Florida, you may use deadly force to protect another person from a forcible felony. It's the law. This one shouldn't get anywhere, and the guy should never have been arrested if this is an accurate reporting of the facts of the case.

[Dubh_Ghlase]

I confirm your findings. This has to be some Pinellas DA trying to make a political name for himself. It will blow up in his face, especially if this goes to trial. Being that Florida is the retirement capital of the country, the median age of the jurors alone would help acquit him...

[sport]

This was the case I cited in the FM.

[Citizen Tom Paine]

Maybe I will reconsider my vacation plans.

[sport]

The cops, the D.As,and the judges have learned that it is the criminal element that keeps them in a job. For them, crime pays and it pays well. Therefore, they will go to any lenghts to protect the criminal[s].

This man, in protecting his friend [and possibly saving his life] almost took a criminal off the street.

This cannot be allowed.Because then the police spokesman/woman will not be able to say into the t.v. cameras, "Whoever did this ia an animal",all the time thinking, "Go boy, go."

[RogueIsland]

I confirm your findings

Thanks. I try to reread the big "Florida Firearms Laws" book periodically, but there's so much law and so many nuances and untested aspects of some of the laws that I'm hard pressed to remember everything.

[Long Cut]

And, once again, my proposed Constitutional Amendment on Self-Defense:

"The Right, of the Individual Citizen, to defend from Attack, Assault, Theft or Invasion his Property, Person, Heirs and Assigns shall not be infringed, by any Civil or Criminal court or Act of Congress."

"Nor, for the purposes of this Amendment, shall any Attacker, Assaulter, Brigand or Rapist, being Injured or Killed in the course of his Crime, be entitled to any civil Compensation for such Injury, from the Government or the Victim."

This would go a LONG way towards eliminating this kind of nonsense.

[Long Cut]

PING to post #31. We've talked about this one before.

[Beck_isright]

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

Pretty much sums up the feelings of most LEO's here in Florida. What we've seen down here in the larger counties and cities is a change to thugs for LEO's and the better officers given crap duty. The DA in Pinellas by the way has state office aspirations. He is strongly anti-gun and reportedly supported firearm registration in some of his speeches to the various loony groups in that county.

[JesseHousman]

James T. Moore, 20, was treated for the gunshot wound at Bayfront Medical Center and was arrested for an unrelated battery charge earlier the same night.

[Mulder]

What a bunch of freakin jackboots.

[LTCJ]

This man needs two retain two professionals immediately: a mediocre lawyer and a really top notch investment counselor.

[ExSoldier]

I can easily see this sort of thing happening here in Miami-Dade County. But St Petersburg is supposed to part of what is known as ther I-4 corridor...the most conservative belt in the state....a "MUST HAVE" for any candidate to win the state in a national election. Those voters need to ban and vote some folks out together before the idiots who promulgated this atrocity try and ban their guns. Wait and see if the RATS running for President pick up on it...they know the significance. Also watch and see if GW just ignores it, even if the Rats don't.....I'm of a mind to send this post to Jeb.

[Red Boots]

Can you get an e-mail address for people to contact the police here, or maybe you should email this to Sean Hannity and /or Fox. Perhaps a national outcry would help.

[cardinal4]

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

While three guys are kicking and hitting his friend??

[BabsC]

I just emailed this to Boortz radio show. We'll see if they find it in their flood of emails to address this today. He loves this sort of thing.

[asformeandformyhouse]

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way.

Sounds like it worked.

[Doctor Stochastic]

Where will the "police are always right" crowd stand on this issue?

[AngryJawa]

But St Petersburg is supposed to part of what is known as ther I-4 corridor...the most conservative belt in the state...

I-4 ends in Tampa, as do conservative attitudes in that part of Florida. Pinellas county is algore blue on the infamous Election 2000 map. Must be the proximity to saltwater...

[VeniVidiVici]

I'm of a mind to send this post to Jeb.

You should. He does read his email.

This could be a bonanza for the RKBA crowd. Two elderly gents, one getting the crap kicked out of him, his friend saves him then the cops bust the good guy.

If the DA down there really prosecutes he's a dumbass.

BTW, I'm of the mind this guy did nothing wrong according to the statute.

[ExSoldier]

One of my best friends and btw the secretary for our gun club (IDPA) is a district director to a congresscritter. I sent it to that office. Let's see what happens. They're hooked into Jeb too.

[ExSoldier]

I did just now send it to Jeb (he is an old family friend from before he was governor) and pointed out that there is an election coming just over the horizon and I know he just hates to insert himself into the local scene (he had to be dragged into removing Oliphant in Broward), this is something that could have state and national ramifications. Self Defense and guns are going to be hot buttons and the Republicans better stand up for innocent old folks attacked by punks....right?

[Gargantua]

I see... it's okay to own a gun for protection, you just can't use it for protection... that about it?

These PC morons make me sick. The cop who said he shoulda called 911, if he actually believes that, is a useless beaureaucrat who has no right to wear a badge.

Give my regards to Jeb.

;-/

[VeniVidiVici]

Damn straight. I'm assuming the DA down there is a Democrat. We could keep this simmering for awhile. State Republican Party should be made aware of this, if they haven't been already.

Jeb's a great guy. My wife had business up in Talahassee a few years ago. Took my son, who is in Scouts. On a tour of the governor's mansion, they ran into Jeb who took time out of his day to talk to my son (he was in his uniform) and gave him a personal tour and took pics. Really down to earth guy.

Link to using deadly force - http://licgweb.doacs.state.fl.us/weapons/self_defense.html

[CHICAGOFARMER]

I love it when a$$holes and bullets meet.

[FlJoePa]

I'll see what I can find out Boots, but this isn't my area of FL. Fortunately/Unfortunately I live in Palm Beach County.

I'll let you know if I come across any good contact e-mails.